No. 07-5359.

534 F.3d 756 (2008)

In re NAVY CHAPLAINCY. Chaplaincy Of Full Gospel Churches, et al., Appellants v. United States Navy, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2008.

Attorney(s) appearing for the Case

Arthur A. Schulcz, Sr., argued the cause and filed the briefs for appellants.

Lowell V. Sturgill, Jr., Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the briefs were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Robert M. Loeb, Attorney. Daniel E. Bensing, Attorney, entered an appearance.

Dissenting opinion filed by Circuit Judge ROGERS.

KAVANAUGH, Circuit Judge:

A group of Protestant Navy chaplains sued the Navy, alleging that the Navy's operation of its retirement system discriminates in favor of Catholic chaplains in violation of the Establishment Clause. But the plaintiffs do not claim that the Navy actually discriminated against any of them. We conclude that plaintiffs lack standing to bring this claim, and we therefore affirm the judgment of the District...

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